HOW WILL GST IMPACT PROVIDERS OF SERVICES (PART-II)(Supply Related Provisions)

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 6-1-2017 Last Replied Date:- 6-1-2017 - Meaning and Scope of Supply 'Supply' means: all forms of supply of goods and/or services made or agreed to be made for a consideration by a person in the course or furtherance of business, Importation of service for a consideration, and Services has been specified in schedule I, which shall be considered as a supply even if made without consideration. The present taxable event under .....

Retail Any transfer of Goods, or right in goods, or undivided share in goods without the transfer of title thereof. Real-estate or Construction Any lease, tenancy, easement, licence to occupy land, Any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly .....

r human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. Job-work Any treatment or process which is being applied to another person s goods. Common for all Services renting of immovable property. i.e., telecommunication tower is immovable property for Telecom Sector etc. temporary transfer or permitting the use or enjoyment of any intellectual property right, agreeing to the o .....

ther or not for a consideration, the usage or making available of such goods is a supply of services. Inter-State or Intra-State Supply Any supply where the location of the supplier and the place of supply are in different States then, such supply shall be considered as inter-state supply, accordingly, provisions of IGST will be applicable. On other hand, any supply where the location of the supplier and the place of supply are in same State then, such supply shall be considered as intra-state s .....

plicability on such services. The default rule for place of supply for export of service shall be the location of the service recipient, where the address on record of the recipient exists with the exporter. Hence, it will be critical for exporters to ensure that the address of service recipient on record can be established before the authorities on request. Time of Supply of Services IGST shall be payable at the earliest of the following dates, namely: the date of issue of invoice by the suppli .....

eas branches. Model GST law clearly states that an establishment of a person in India and any of his other establishments outside India shall be treated as establishments of distinct persons. Accordingly, supply of services to the branch would not be eligible as export of services, therefore, benefits available to exporter would be restricted to the supply of services to other persons. This could entail reversal of input credits as such supply would be treated as non-taxable and not as zero rate .....

customers located across India, the issue would arises as to where to pay GST, and whether this would require splitting of invoices based on various locations of the service provider or the service recipient. For this purpose, the draft law has prescribed the requirement of determination of the location from where the services are provided and the place of supply of such services, so that GST may be paid to the appropriate government. In the context of determination of the location from where se .....